AP Gov - State/Local Gov

Characteristics of state constitutions

Tend to be much longer than the US Constitution, containing specific policy provisions. They are easier to amend (ex: redistrciting), and are suboordinate to the US constitution in matters allotted to the federal level. Also tend to be revised and rewritten more (VA has had 5)

VA State Constitution scavenger hunt - Current version enactment date, amendment process, source of governmental power, government structure, voter eligibility, selected details

Current version was enacted on June 1, 1971.

Amendments must be passed through the house of delegates, passed again following a general election to pick new house of delegates members, and then ratified by the voters in a special election - All stages need simple majority.

The power of the government comes from the people (popular sovereignty).

The government is split into judicial, legislative, and executive branches. The judicial branch is organized like the federal one, but the justices are elected from the legislature. The legislative branch is divided into the house of delegates and the senate. House serves 2 year terms, senate serves 4 year terms. The executive is made up of the governor, luitenant governor, and the attorney general, plus the governor’s cabinet. These individuals are elected individually.

U.S. citizen, Virginia resident, 18 years old, not currently incarcerated for a felony conviction (voting rights can be restored by governor), registered to vote. Virginia requires registration but has same-day registration available.

Reapportionment for state AND federal legislative districts (which SCOTUS cases are relevant here??)

Baker v. Carr (one person one vote on fed level)

Reynold v. Sims (one person one vote on state level)

Legislative Process

Recalls - citizens can send recall petitions to circuit courts in order to try offending members

Initiatives - allow citizens to send legislature to general assembly - do not exist in virginia

Referendum - only exists for constitutional amendments

Graveyard committees - powerful standing committees where bills are sent to die. Committees may kill bills through not voting, not putting the bill on the schedule or refusing to make any recommendation regarding the bill.

Biennial budget process - Virginia operates on a two-year budget process, adopted during even-numbered years. amended (caboose) budget may be passed in off years to adjust spending. May not create deficit (constitutionally illegal)

Virginia National Guard–who is in charge of them; what types of things do they do?

Dual-status force, serves US gov and Virginia gov. Helps in immigration enforcement, may be mobilized by president, provided as reserve for federal missions overseas, help with disaster relief/civil unrest, etc

Characteristics (and names) of VA state office holders

Governor - Abigail Spanberger - prepares state budget, oversees law execution, propose, sign, veto legislation - has line item veto but no pocket veto - commands VA national guard - pardon power, may call special GA session, cant serve consecutive terms

Lieutenant Governor - Ghazala Hashmi - president of state senate, can serve consecutive terms

Attorney General - Jay Jones - Highest legal officer, oversees state law enforcement

100 people serve in the house, 40 in the senate. Saddam Azlan Salim is our senator, Marcus B. Simon is our delegate

VA Judicial system–structure and which level hears what type of cases

Judges are elected by joint vote of general assembly for specific term limits

General district court - has og jurisdiction in minor cases/traffic offenses - juvenile court/small claims courts are included

Circuit court - og and appellate jurisdiction over civil/criminal cases

Court of appeals - appellate jurisdiction over lower court decisions

Supreme court - reviews lower court decisions - Cheif justice Cleo Powell

What are the responsibilities of local governments?

Public education - school systems, operating and funding (collaboration w state gov)

Public health - police, fire, emt

Public works - roads, sewers, stormwater management

Zoning, parks

Social services/public assistance

Tax collection - property tax, meals tax, local business licensing

Local courts

Forms of local government in VA

Counties - 95 in VA, first form of local gov. governed by elected board of supervisors, which has executive and legislative power. Has its own set of state and district courts. Have the power to tax real estate, issue bonds, create schools, provide police and emt/fire services, maintain parks and rec

Independent cities - 38 in VA, equivalent to counties. governed by elected city council that may have executive and legislative functions. Smaller cities like FCC share services with neighboring counties and cities. Cities have same powers as counties, but also may annex land and give sales tax

Towns - 190 in VA, not independent from country - citizens are residents of town and county. governed by town council, share services with counties. may tax real estate, issue bonds, create schools (rare) and provide police protection

Special districts - most common form of local gov, provide special services within boundaries of local gov. may tax for services provided. governed by elected board w/ primarily legislative function, appoints chief executive for day-to-day purposes. Used for public schools, fire protection, sewer service, transit service, etc

Regional authorities - Serve special functions, addressing needs that cross local gov boundaries. May not tax, funded by local gov and fees. governed by appointed board, which appoints a day-to-day manager. Ex: Northern Virginia Regional Park Authority (run W&OD)

Dillon’s Rule

Establishes that all local gov power comes from state gov - local gov only has powers expressly permitted by state - applies to VA

Council-manager system vs. council-mayor system vs. commission system

Council-manager system - Elected council sets policy, council hires professional city/county manager - Manager manages day-to-day operation - Used in FCC, common in VA cities

Council-mayor system - Elected council and directly elected mayor who runs day-to-day operations and has executive powers. Mirrors federal government system. Mayor may be strong or weak

Commission system - Elected board of commissioners all serve as heads of individual local departments, have legislative and executive powers as part of board. Increasingly rare.

Characteristics of FCC’s system (how many people serve on the city council, the school board?)

Names of local office holders (mayor, city manager, school board superintendent)

City council is 7 members, school board is 6 members plus a student rep.

Mayor is Letty Hardi - has mostly ceremonial role in city. City manager is Wyatt Shields - runs day to day operations. Superintendent is Terry Dade - hired by school board to oversee administrative functions and curriculum.

Local government, federal policy, and their connection to systemic segregation

School segregation until 60s in FCC, Federal highway building breaking up black neighborhoods, attempted ordinance to force black people into a corner of town, surrender of land to surrounding counties to prevent black people from voting in FCC elections and other public things

FCC history

Started colonially in 16/1700s, slavery was ingrained in the society. Made up of farms, etc. Home to the Falls Church. Toll roads develop in mid 1800s, as well as post office and railroad (now W&OD trail). Voted in favor of seccession, confederate meeting house within city. Defended confederate invasion of town with interracial forces. Granted town status in 1875, african american Fred Foote elected to town council around this town (also owned seven corneers). Retrocession of land to Fairfax country to disenfranchise black voters (and Fred Foote). First rural NAACP branch established. Post-WWII, independent city status and GI Bill homes built. Marian Selby becomes first black GMHS student in 1961. Really good schools.

Process to create agreements between Native Americans and the federal government

Divided into treaty era (16-1800s) and modern executive agreements and contracts. Old treaties included sovereignty and supremacy acknowledgements, hunting rights, etc. Modern agreements require detailed proof of existence - made difficult by “genocide on paper” which limits the ability to prove these things legally. Tribes can be federally recognized through legislation and executive agreements as well.

Relationship between Native Americans and national and state governments (domestic-dependent nations, citizenship, self-government, etc)

Native American tribes are “domestic dependent nations” retaining individual identity/sovereignty but must rely on federal government for interpretation and application of treaties. Automatic citizens since 1920s. Can establish courts, tax, and convict on civil/criminal cases, but outsiders who commit crimes on reservation land may be prosecuted federally. Indian Civil Rights Act makes it so they must follow BoR as well

Negative effects of Walter Plecker and Racial Integrity Act of 1924

Walter Plecker ran the VA department with control over birth certificates, which he used to do a “paper genocide” on native groups. He made every certificate either say “white” or “colored” which prevented native groups from getting hard proof of an entire generation belonging to their tribes. This has had long-lasting, and still hardly felt impacts in the federal recognition of tribal nations. The Racial Intergrity Act considered anyone with ancestry that isn’t completely white “colored”, which aided the birth certificate stuff.

Impact of federal recognition in Virginia (or lack thereof)

Lack of federal recognition and impact due to the prior mentioned Racial Integrity act and paper genocide - makes it impossible for tribes to prove undying lineage, the main requirement for proving tribal identity.

Federal policy and its connection to systemic discrimination of Indigenous communities

19th century policies created widespread removal and displacement of Eastern nations to the central US. involved destructive warfare, land confiscation (against old treaties), and the systemic isolation of indian tribes to crappy land in the middle of nowhere (effects still ring out loud today). Boarding schools created cultural genocide, indoctrinating native children to believe their heritage was bad and forced assimilation - not to mention physical, sexual, cultural, spiritual abuse and generational trauma. in the 20th century - Indian Civil Rights Act, Indian Self-Determination and Education Assistance Act 1975, Indian Child welfare act - helped bring power back to indian lands in public service and health, and prevented Indian children removed from abusive native homes from being disproportionally put into white homes, an indirect form of cultural erasure and assimilation.